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What are my options if a nonprofit organization decides to…

Customer Question

What are my options if...

What are my options if a nonprofit organization decides to dissolve a company and they decided that they were going to split club monies amongst the 9 members but they change their mind to donate monies in the account to a charity? Are they able to donate this money to a charity and the committee didn't vote on it? The President and the treasurer are spouses and they are the only person's on bank acct. and registered with secretary of state.

Is this a 501(c)(3) non-profit? If so, the Internal Revenue Code requires that any assets left after dissolution be given to another 501(c)(3) non-profit organization.

If it is not a 501(c)(3), the funds cannot be distributed to a charity when formal minutes of the corporation reflects a decision that the funds be split among the members. There needs to be additional minutes reflecting the new decision to give the money to charity. This can be done by action without a meeting if all the directors given written confirmation of the decision.

You understand that your use of or communication on this forum, in any and all ways, is intended for general informational purposes only and shall not constitute and/or be relied upon as legal advice or be construed as creating an attorney-client relationship. Further, you agree not to rely on anything I say and will obtain appropriate legal and or tax advice with an attorney or other professional licensed to practice in the jurisdiction where your legal or other issue arises.

You understand that your use of or communication on this forum, in any and all ways, is intended for general informational purposes only and shall not constitute and/or be relied upon as legal advice or be construed as creating an attorney-client relationship. Further, you agree not to rely on anything I say and will obtain appropriate legal and or tax advice with an attorney or other professional licensed to practice in the jurisdiction where your legal or other issue arises.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).